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R 3231 " . [ RESOLUTION NO. 3231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPAer REPORT FOR THE REDEVELOPMENT PLAN. FOR THE ARROYO GRANDE REDEVELOPMENT PROJEer WHEREAS, the Arroyo Grande Redevelopment Agency (the" Agency") has undertaken the required steps for the consideration of the adoption of a Redevelopment Plan for the Arroyo Grande Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, a draft Redevelopment Plan for the Arroyo Redevelopment Project (the "Redevelopment Projectn) has been prepared in accordance with the provisions of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment Lawn); and WHEREAS, the Planning Commission of the City of Arroyo Grande (the "City") has approved and forwarded to the City Council its report and recommendation, pursuant to Section 33346 of the Community Redevelopment Law, that the proposed Redevelopment Plan is in conformity with the General Plan of the City of Arroyo Grande and has recommended approval of the Redevelopment Plan; and WHEREAS, the Agency has prepared an Environmental Impact Report (the "E1R ") on the proposed Redevelopment Plan (the "Projectn) pursuant to the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQAtf), and the Guidelines for Implementation of the California Environmental Quality Act, Title 14, California Code of Regulations, Sections 15000, et seq. (the tfCEQA Guidelinesn); and WHEREAS, ail actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR. have been taken; and WHEREAS, following notice duly and regularly given as required by law, a joint public hearing has been held by the Agency and the City Council concerning the adoption of the Redevelopment Plan and review of the Final EIR relating thereto and all interested persons expressing a desire to comment thereon or object thereto have been heard; and .-, WHEREAS, the Final EIR. consists of the Draft EIR., as revised and supplemented to incorporate all comments received during the public review period and the response of the Agency and the City thereto; and WHEREAS, the City Council has reviewed and considered the Final EIR and the Mitigation Monitoring Program with respect to the Redevelopment Plan and ail comments and responses thereto. 189487. 1'424\22897,000 1 05/06/97 13:52 -~-.-"_._-- ..- _.~--- -- -"---'~-_,_-_,- '- .RESOLUTION NO 3231 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: Section 1. A full and fair public hearing has been held on the Final EIR prepared on the proposed Project. The City Council has considered all comments received thereon, which comments and responses thereto are contained in the Final EIR. These actions having been taken, the Final EIR is hereby approved, certified, and adopted as the Final EIR for the Project and is incorporated herein by reference. Section 2. The City Council hereby certifies that the Final EIR for the proposed Project has been completed in compliance with CEQA and the CEQA Guidelines, and that the City Council has reviewed and considered the Final EIR and the information contained therein prior to deciding whether to approve the proposed Project and fmds that the Final EIR reflects the independent judgment of the City Council. Section 3. The City Council hereby makes and adopts the CEQA Findings and Statement of Facts as set forth in Exhibit" A., which is attached hereto and incorporated herein by reference. Based on such Findings of Fact, the City Council hereby finds that mitigation measures have been required in, or. incorporated into, the Project which will eliIb.inate or reduce to a level of insignificance the potentially significant environmental effects of the Project identified in the Final EIR except for air quality impacts. Based on the foregoing, the City Council finds-and determines that as to air quality the Project will have a significant effect upon the environment. Section 4. As to the significant environmental impacts on air quality identified in Section 3 of this Resolution which are not eliminated or substantially lessened, the City Council hereby adopts the Statement of Overriding Considerations set forth in Exhibit "B" which is attached hereto and incorporated herein by reference, and frods that based upon sub~tial evidence in the record, including, but not limited to the Statement of Overriding Considerations, the specific,.economic" - legal, social, technological and other benefits of the Project outweigh the significant effects on the environment. Section S. The City Council further fmds that the project alternatives identified in the Final EIR either would not achieve the objectives of the Project or would do so only with unacceptable - adverse impacts. Accordingly, and for the reasons set forth herein, including in Exhibit A hereto, and in the Final EIR, those alternatives are infeasible, and none of the alternatives are environmentally superior. Each alternative analyzed., including the "no-project. alternative, reduces development activities and limits the City Council's ability to correct current environmental problems. Section 6. The City Council hereby fmds and determines that the mitigation measures and the Mitigation Monitoring Program set forth in the Final EIR will mitigate or avoid all significant environmental effects that can feasibly be mitigated or avoided. The City Council hereby adopts the Mitigation Monitoring Program as set forth in Section 7.0 of the Final EIR. Section 7. The City Clerk is hereby authorized. and directed to file with the County Clerk of the County of San Luis Obispo a Notice of Determination, pursuant to Title 14, California Code ---' of Regulations, Section 15094. 189487.1 \424\22897.000 1 05106/97 13:30 ~-,.----- ~ RESOLUTION NO. 3231 r- PAGE 3 I On motion of Council Member Fuller, seconded by Council Member Lady, and on the following roll call vote, to wit: A YES: Council Members Fuller, Lady, and Mayor Dougall NOES: None ABSENT: None ABSTAIN: Council Members Runels and Tolley the foregoing Resolution was passed and adopted this 27th day of May, 1997. A. K. "PETE" DOUGALL MA VOR ArrEST: t7a.~ NANC~AVIS, CITY CLERK APPROVED AS TO FORM: - STRADLING, YOCCA, CARLSON & RAUTH, a professional corporation "2.10/ ,? . / // ..P. ,- ___ -.. / i MAf(lt~.1E~~~SPE~ C~UNSEL -.-----..- EXIllBIT "A" FINDINGS OF FACT RELATING TO THE ENVIRONMENTAL IMPACT OF THE REDEVELOPMENT PLAN FOR THE ARROYO GRANDE REDEVELOPMENT PROJECTl I. FINDINGS CONCERNING TIlE SIGNIFICANCE OF SPECIFIC ENVIRONMENTAL IMPACTS IDENTIFIED IN THE FINAL EIR A. LAND USE 1. Environmental Imoacts General Plan/Zoning Adoption of the Redevelopment Plan will not directly affect existing or future General Plan policies and/or programs or municipal regulations contained within the City's Zoning Code that have been established, or that may be modified, by the City Council and Planning Commission anywhere within the Project Area, because the Agency does not affeCt land use policy or regulation. . . Agriculture Degree of Impact As set forth in Section 10.0 of the Final EIR with the reduction in the boundaries of the Project Area, there is no agricultural land included within the boundaries of the Project Area and thus the Project will have no impacts on agricultural land. Redevelopment . . Creation of a redevelopment project area will not in and of itsel f cause land use impacts because the Agency has no authority to affect land use policy or regulations, which issues are under the purview of the City Council and Planning Commission. Rather, it is expected that creation of the Project Area will indirectly facilitate recycling of existing land uses through Agency administrative and financial assistance, in accordance with established City planning policies, regulations and procedures. State wide historical trends show that redevelopment agency directed development and/or rehabilitation projects work to stimylate privately funded upgrading of neglected and marginally maintained properties located in proximity to redevelopment project areas . 1 As set forth in Section 10.0 of the Final ErR, the boundaries of the Project Area have been reduced and therefore, the impacts analyzed in this Exhibit A may be even further lessened or in fact substantially reduced due' to the reduction in the ProjeCt Area boundaries: 189541.1\424\22897.0001 05/06/97 13:59 A-I along Grand Avenue and Halcyon Road. As stated in Section 1.6 of the Final EIR, the transition of 159 residential dwelling units to commercial and industrial land uses in acCordance with the City's General Plan will most likely not occur over the life of the R~evelopment Plan. The Agency, as part of its eminent domain policy, shall not acquire property by eminent domain on which any persons reside. "Property on which any person resides" is defined in the Redevelopment Plan and shall mean that: (i) the property is either zoned for residential uses or the residential use on the property is a legally non-conforming use as defined by the City of Arroyo Grande, and (ii) a natural person resides at the property with the express consent of the owner of such property. Thus, the transition of residential to commercial and industrial land uses will be gradual in manner and will be based upon residential property owners being willing sellers of their property. . In contrast,. long-term Project implementation will create significant growth upon the City's employment base. 'Long-term changes in the Project Area's land use pattern are projected to cause a 53 % increase in commercial jobs and a 99 % increase in industrial jobs, which will cause a net 54% increase in the Project Area's employment base. The Redevelopment Plan's implementation will facilitate the long-term economic and physical growth of the Project Area. The economic and physical impacts resulting from the Redevelopment Plan's long-term implementation should be considered positive in nature because an improved economic and physical setting will strengthen the existing social, economic and physical fabric within the proposed Project Area specifically, and the City as a whole, by providing new jobs, increased housing opportunities for low- moderate-income families, new community facilities and improved physical infrastructure. Even if complete build-out is not achieved, it is anticipated that partial build-out will help reduce existing deficiencies currently . affecting the Project Area. Implementation of the proposed Project should generate a net positive impact upon existing housing conditions within the Project Area and the City overall. While the number of available housing units is expected to decline by approximately 19 %, a corresponding . decline in the ProjeCt Area population is also expected to occur. If any of these residential units are demolished or converted to another use and are occupied by low- or moderate-income families or persons then the Agency will be subjected to the one-for-one replacement of housing requirement. However, the Agency will continue its working relationships with housing organizations within the City in order to provide affordable housing opportunities and meeting the City's regional housing needs. Therefore, the provision for at least 20% of the derived tax increment to be used toward meeting low- and moderate-income housing needs will provide a net benefit to the housing market by increasing low-moderate-income housing opportunities within both the Project Area and the City as. a whole. The Redevelopment PlaIi will nothave significant environmental impacts to the existing demographic setting because it will serve to alleviate conditions of physical and economic deficiencies, as generally described in Section 1.4 et al of the Final EIR, by providing additional jobs and ari increased sales and property tax base. Additionally, redevelopment of the Project Area will be the catalyst for necessary revitaliza'tion and economic development of iand 'within the Project Area and its adjacent environs. As a result, growth within the Project Area could ultimately occur. The Redevelopment Plan will not significantly alter 189541.1\424122897.0001 05/06/97 13,59 A-3 be significant noise impacts to the residents of the Project Area and the City as a whole. Long-Term An increase in ambient noise levels within the Project Area is likely to occur over the long-term as a result of increased growth and development activity within the Project Area. The main source of noise generated by the, Redevelopment Plan's implementation will be from motor vehicles as a result of Redevelopment Plan related developments. The General Plan build-out scenario within the Project Area could increase the amount of average daily trips by approximately 41,883 over the life of the Redevelopment Plan. These additional trips could potentially impact Project Area residents and other sensitive receptors due to the 65 % increase in vehicle trips over the existing conditions. The following roadway segments could see significant increases in average daily vehicle trips as a result of Project implementation: . Grand Avenue from.oak Park Boulevard to Highway 101 . Brisco Road from Grand Avenue to EI Camino Real . El Camino Real from Oak Park Boulevard to N. Halcyon Road . S. Halcyon Road from Fair Oaks Avenue to Grand Avenue . W. Branch Street from Oak Park Road to Vernon Street . E. Branch Street from Highway 101 to Stanley Avenue . Traffic Way from E. Branch Street to Highway 101 The increase of average daily trips upon the above described roadways will create additional noise impacts to Project Area and City-wide residents: The exact amount of noise to be generated is dependent upon the amount of traffic increase on a particular roadway segment. Since the build-out scenario will create significant amount of average daily trips beyond what already exists (65 % more) it is safe to assume that the noise levels will increase by more than 3dBA as previously established as the thresholds of significance. Thus, the Redevelopment Plan could have significant noise impacts to residents and other sensitive noise receptors within and adjacent to the Project Area. Any long-term increase in noise levels caused by Redevelopment Plan related projects will only occur at levels permitted within the City's General Plan and Development Code. Similar to short-term noise impacts an increase in long-term noise levels is generally accepted as an unavoidable side affect of growth and the City's urban setting, provided that sensitive noise receptors are not significantly impacted. As previously established under short-term'impacts, all of the sensitive noise receptors are located in areas where there could be adverse noise impacts due to construction activities and vehicular noise, therefore, these receptors could be subjected to significant noise impacts. However, long- term impacts to future sensitive noise receptors and those located outside the Project Area that might be impacted by long-term growth and increased urbanization within the Project Area, will have to be evaluated on a project-by-project basis at the time of a specific project's permit processing. The significance of an individual project's long-term effect upon an individual noise receptor cannot be determined without knowing site specific land use activities or the type of affected sensitive receptor. 189541.1 \424\22897.000 1 05/06/9713:59 A-5 prepar~ containing appropriate mitigation. . Future Project-related development sites shall be allowed only in those areas designated for that particular land use activity in the City's General Plan and . Noise Ordinance to ensure land use compatibility which will lessen noise impacts upon sensitive noise receptors. As a basis for general compliance, all related long-term site specific land use activities shall adhere to the policies outlined in the Land Use Element of the City's General Plan. . Building setbacks and noise barriers shall be considered and used where appropriate in conjunction with specific development proposals in the . proposed Project Area to limit stationary and vehicular long-term noise impacts upon sensitive noise receptors. . All future developments occurring as a result of Project implementation shall conform to the goals, policies and implementation measures, as outlined in the Noise Element of the Arroyo Grande General Plan and the Arroyo Grande Noise Ordinance. 3. , Findinl!S of Sil!nificance The Agency finds that implementation of the above mitigation measures as a condition of approval will reduce the noise impact to a level of insignificance. No significant unavoidable adverse impacts are anticipated. D. AIR 'QUALITY 1. Environmental Impacts' Air quality impacts have been divided into'short-term and long-term. Short- term impacts are usually the result of construction or grading operations. Long-term impacts are associated with Project Area build-out. '. Short-Term Temporary impacts could result from Redevelopment Plan related construction activities. Air pollutants will be emitted by construction equipment and dust will be generated during grading and site preparation. Construction activities for large development projects are estimated by the U.S. Environmental Protection Agency ("Compilation of Air Pollutant Emission Factors") to add 1.2 tons of "fugitive" dust per acre of soil disturbed per month of activity. If water or other soil stabilizers are used to control dust, emissions can be reduced by 50 percent. Heavy-duty equipment emissions are difficult to quantify because of day-to- day variability in construction activities and equipment used. Typical emission rates for a diesel powered scraper are provided in Table 12 of the Final EIR. A Diesel powered scraper is the most common piece of equipment used for grading operations. If two pieces of heavy equipment were 189541.1 \424\22897 .0001 05/06/9713:59 A"7 impacts if complete build-out is achieved. All Project related growth will be in accordance with goals, objectives, policies and implementation actions of the Arroyo Grande General Plan, as amended from time to time. Furthermore, the proposed Project is consistent with the APCD's Clean Air Plan because growth does not exceed what is currently designated in the City's General Plan and thereby does not create impacts beyond the evaluation of the Final Environmental Impact Report previously prepared for the City's General Plan which was consistent with the APCD's Clean Air Plan. The adoption and eventual implementation of the Redevelopment Plan are inherently growth-inducing by nature, the Redevelopment Plan's adoption could create significant impacts on the Area's air quality due to a potential increase in vehicular trips at maximum build-out. This analysis assumes growth bounded by the City's General Plan, any project proposed or promoted by the Agency which involves a General Plan could intensify development in a given location and therefore should be subject to additional air quality review under CEQA Stationary Sources Additional emissions will be generated on-site by the combustion of natural gas for space heating. Off-site emissions will be generated due to electrical usage. The generation of electrical energy by the combustion of fossil fuels results in additional emissions off-site. Residential, industrial and commercial developments that may be located within the Project Area in accordance with General Plan land use designations, in most instances, will not exceed the Significance Emissions Thresholds established by the Association of Environmental Professionals (Table 11 of the Final EIR). However, cumulatively these individual commercial, industrial and residential developments that could occur over the life of the Redevelopment Plan will be in excess of those Significance Emissions Thresholds; therefore, there is a potential significant unavoidable environmental impact on air quality due to the cumulative impacts of Redevelopment Plan-related developments. Since it is unknown what particular industries might locate in the proposed ProjectArea at this time, adequate projections of Redevelopment Plan related emissions levels is not appropriate and will have to be conducted on a project-by-project basis. All proposed Redevelopment Plan related development will only occur at levels permitted within the City's General Plan and Development Code and must be required to meet emission standards as regulated and controlled through the APCD. 2. Mitil!ation Measures Short-Term . All Redevelopment Plan-related structures and properties involved in rehabilitation/ development activities shall be evaluated on a project- by-project basis to determine specific air quality impacts and appropriate mitigation. . All Redevelopment Plan-related structures and properties involved in rehabilitation/ development activities shall comply with the affected goals, objectives, policies and implementation actions pertaining to 189541.1\424\22897.0001 05/06/97 13 :59 A-9 c. Usage. Long-Term . streets and wash trucks leaving construction site. Suspend grading operations during first and second stage smog alerts. Maintain construction equipment engines by keeping them tuned. Use low-sulfur fuel for equipment. Avoid using temporary power; use power from the grid instead. . . . b. Reduce Construction-Related Traffic Congestion . Provide rideshare incentives, and transit incentives for construction personnel. Configure construction parking to minimize traffic interferences . Minimize obstruction of through traffic lanes. Provide a flagperson to guide the traffic properly. Schedule operations affecting traffic during off-peak-hours. .Limit Emissions From Architectural Coatings and Asphalt . . . . . Use low-coating systems where possible. Substitute reactive solvents with nonreactive solvents. Improve transfer efficiency when solvent-based paints are used. Use high-solid or water-based coatings. Finish exterior walls of buildings with light-colored materials. . . . . Support and compliance with the Clean Air Plan for the region is the most important measure to achieve this goal. The proposed Redeveloment Plan should comply with the Clear Air Plan by implementing the Land Use and Circulation Management Strategies which include: 1) planning compact communities, 2) providing for mixed land use, 3) balancing jobs and housing, and 4) circulation management policies and programs. Specific measures which may be appropriate for particular developments within the Project Area include: 189541.1 \424\22897.000] 05/06/9713:59 a Limit Emissions From Vehicle Trips . Encourage the use of.alternate transportation modes by promoting public transit usage and providing secure bicycle facilities . Provide mass transit accommodations; such as bus turnout lanes, park and ride areas, and bus shelters. Provide energy conserving street lighting. . A-II . Design facility entrances with vestibules, where possible. . Install individually-controlled light switches and thermostats to permit individual adjustments. . Control mechanical systems, or equipment with time clocks or computer systems. c. Minimize Potential Exposure of the Public to Air Toxic Emissions: . Integrate additional mitigation measures into site design such as the creation of buffering areas between a potential sensitive receptor's boundary and potential pollution sources. . Minimize population-exposure to asbestos emissions in compliance with the National Emission Standards for Hazardous Air Pollutants. 3. Findinl!s of Sienificance The Agency finds that the construction and long-term emissions of subsequent projects in the Project Area will be substantially lessened by the mitigation measures set forth above, however, impacts of the Project on air' quality are potentially significant. Although the above mitigation measures shall be required as conditions of approval and incorporated into the agreements regarding development of the Project, .the Agency adopts a Statement of Overriding Considerations with regard to the air quality impact of the Project. (See Statement of Overriding Considerations, Exhibit "S"below). E. EARTH RE'SOURCES 1. Environmental Imnacts Seismic impacts are considered significant if Project Area people and structures are exposed to major geologic hazards. In addition, projects within 500 feet of an active or potentially active fault are considered to have potentially significant geologic/geotechnical impacts. Within the Project Area there are no active faults that meet the criteria to be identified as active or potentially active. However, seismic activity along faults within the vicinity of Arroyo Grande could be induced by a major earthquake on one of the large, active faults in the nearby area, and could generate damage to structures and result in injury to residents. It is highly probable that portions of the Project Area will be subjected to one or more significant groundshaking events during the lifetime of the Redevelopment Plan. Due to the distance of the nearest significant fault such as the San Andreas Fault, damage to structures that may occur will be significant ullless the new structures are constructed to withstand anticipated maximum groundshaking events. Furthermor.e, this is an impact inherent to most areas of California. As such, it is not anticipated that the Redevelopment Plan will exacerbate existing public safety concerns. Implementation of the Redevelopment Plan should beneficially affect existing structures and supportive infrastructure within the Project Area by providing owners with 189541.1 \424\22897.000 I 05/06/97 1359 A-13 which may exist in the Project Area. . All future developments occurring as a result of Project implementation shall conform to the established seismic safety goals, policies and programs, as outlined in the Safety and Seismic Element of the Arroyo Grande General Plan. 3. Findinl!s of Sil!nificance The Agency finds that the impacts to Earth Resources are insignificant or reduced to a level of insignificance by the implementation of the above mitigation measures. No unavoidable adverse impacts are anticipated. F. TRAFFIC AND CIRCULATION 1. Environmental ImDacts. Vehicular Transponation Table 13 of the Final EIR compares estimated average vehicle trip ends on a weekday in the Project. Area by land use for existing conditions and existing plus Project. Based on General Plan build-out, Project implementation could generate a maximum of 106,251 average daily trips upon Project Area and City-wide roadways (existing plus Project). Although maximum Institute of Traffic. Engineers (ITE) trip generation rates were used, the increase can generally be attributed to the potential increase in commercial and office/professional square footage along Grand Avenue, N. Halcyon road and W. Branch Street, as designated in the Arroyo Grande General Plan. The proposed Project could increase the daily vehicle trips by 41,883 onto Project Area and City-wide roadways at General Plan build-out. However, this potential increase could occur over the 30- year life of the Redevelopment Plan. The following is a brief summary of the intersections that could be impacted by the additional 41,883 average daily trips at General Plan build-out: W. Branch Street/Oak Park Boulevard. W. Branch Street/Brisco Road and W. Branch Street/E. Branch Street - Due to the potential long-term conversion of vacant land to commercial uses along W. Branch Street between Camino Mercado and Rodeo Drive in accordance with the Planned Development/Specific Plan designation of the City's General Plan, an additional 22,403 average daily trips could be generated over the life of the Plan. This represents 53% of the projected increase of 41,883 average daily trips over the existing condition within the Project Are;!. Since this portion of the Project Area contains the only significant development opportunity within the Project Area because of the amount of vacant land available, most of the potential average daily trips generated by Redeveloment Plan implementation will travel along W. Branch Street. The location of this vacant land in the northwest portion of the Project Area is secluded from the commercial districts along E. Branch Street and Grand Avenue. This commercial area will eventually serve the Planned Development residential housing on the north side of Highway 101 along such roadways as Rancho Parkway, Rodeo Drive and Via Vaquero. 189541.1 \424\22897.000 1 05/06/97 13:59 A-IS . improvement and beautification projects as identifie<i in the list of proposed public improvement projects and programs included in the Pinal pIR as Appendix A. These changes may include, but not be limited to improved roadway surfaces, street widening, improved street lighting, installation and repair of curbs, gutters and sidewalks, upgrading of traffic. control devices and installation of bike paths. Additionally, the Project's implementation will work to affect General Plan goals and policies with regard to the City's , circulation system. Other Transporlation Modes No significant negative impacts on bus transit, pedestrian, bicycle, and carpooling facilities is expected from Redeveloment Plan-related projects anticipated within the Project Area. Increases in these other transportation modes can be met by the existing facilities. Short-term With respect to short"term impacts, there may be temporary traffic disruptions during the construction of necessary street and .infrastructure improvement projects; these impacts could also affect pedestrian walkways and carpooling and bicycling facilities. However, these conditions can be mitigated to a condition of insignificance. 2. Mitil!ation Measures Vehicular Transoonation Long-Term · Since Plan related site specifics are not known, such as type, size and location of potential developments, all impacted roadway and state highway segments potentially impacted by Redeveloment Plan related projects shall be evaluated on a project-by-project basis to determine specific project impacts including an evaluation of the cumulative impacts of development upon those roadway and state highway segments. Analyses shall include intersection capacity analysis and roadway Istate highway segment trip assignment rates as necessary. Projects found to cause significant impacts to existing LOS shall include measures to lessen project related impacts to levels of insignificance or perform additional environmental analysis of those impacts. . All recommendations for circulation improvements for Redevelopment Plan . related projects shall be in accordance with the goals, policies and programs within.the Circulation Element of the Arroyo Grande General Plan. Short Term . Short term impacts to motorists, pedestrians and bicyclists shall be mitigated to levels of insignificance or perform additional environmental analysis of : those impacts,. with the use of safety precaution measures as required by the 189541.1 \424\22897.000 I 05/06/97 13:59 A-17 regulations. 2. Mitie:ation Measures . Discretioriary development which could potentially impact biological resources identified on Figure 7 of the Final EIR shall be evaluated prior to project approval by a qualified biologist for the express purpose of assessing impacts and if necessary, to develop mitigation measures. . All structures and properties involved in Project-related rehabilitation! development activities shall be consistent with the goals, objectives, policies and implementation actions pertaining to biological resources, as outlined in the Open Space and Conservation Element of the Arroyo Grande General Plan. ' 3. Findine:s of Sie:nificance The Agency finds that implementation of the above mitigation measures as a condition of project approval will reduce the impacts to biological resources to a level of insignificance. No unavoidable adverse impacts are anticipated. H. WATER RESOURCES 1. Environmental Imnacts Assuming General Plan build-out of the Project Area, the proposed Redeveloment Plan's implementation could increase the demand for water by approximately 323,751 gallons per day. This would represenfan approximate increase of 12'percent over existing City-wide consumption. It must also be stressed that build-out would occur over the30-year life of the proposed Redevelopment Plan or may never occur. None the less, based upon the existing conditions there is a potential significant impact to water resources as a result of the proposed Redeveloment Plan. It is unclear at this time if this current water supply as discussed in Sub Section A. Existinl! Conditions of Section 2.8.1 of the Final EIR will be available in the future. Redevelopment Plan related impacts upon water resources could change significantly over the 30-yearlife of.the Redevelopment Plan due to several factors including available storage capacities', rainfall averages, and regional demand which could arfect the amount of water available for consumption for the Project Area and the City of Arroyo Grande as a whole. Therefore, future impacts upon water resources should be assessed on a project-by-project basis. Approvals for all proposed Redevelopment Plan related projects that will directly contribute to a long-term increase in water consumption should concur with the availability of adequate water resources. 2. Mitie:ation Measures 189541.1 \424\22897.000 1 05/06/97 13,59 A-19 project shall be approved unless the wastewater treatment facility and infrastructure are adequate to meet projected demand. . All Redevelopment Plan-related structures and properties involved in rehabilitation/ development actiyities shall comply with the goals, objectives, policies and implementation actions regarding wastewater generation and treatment, as outlined in the Arroyo Grande General Plan. . Applicants for discretionary development shall be encouraged to employ practices that reduce the quantities of wastes generated by employing applicable water conservation techniques cited in Section 2.8.1, Water Resources of the Final EIR, and promote resource recovery . 3. Findim!s of Sil!nificance The Agency finds that implementation of the mitigation measures identified above will result in the reduction of any potential impacts which may occur to wastewater as a result of the Project to a level of insignificance. No significant impacts are anticipated. J. SOLID WASTE 1. Environmental ImDacts The Redeveloment Plan's long-term implementation could ultimately result in the generation of additional solid waste that would have to be disposed of at the Cold Canyon Landfill. Assuming General Plan build-out, the Redevelopment Plan's implementation could result in the generation of approximately 1,495 tons per year. Assuming the scenario just presented, the increase of additional solid waste generated as a result of the Redevelopment Plan's long-term implementation is approximately 10 percent of the total waste presently being collected by the City of Arroyo Grande. It must be stressed that build-out would occur over the 30-year life of the Redevelopment Plan. Any additional solid waste to the landfills can be considered significant if there is limited or no capacity available to dispose of the projected solid waste increase. Based upon the previously described existing conditions at the solid waste facility, there is sufficient capacity to accommodate Redevelopment Plan-related growth. However, since the implementation of the Redevelopment Plan will occur over a 30-year period, it is not known if there will be available capacity at the landfill in the future. Therefore, there is a potential significant impact to the solid waste facilities as a result of .Project implementation. The City is currently in the process of implementing a comprehensive Source Recycling and Redirection Element which will contain measures to reduce the amount of waste disposed at the landfills. Implementation of the SRRE will ensure that the City reduces solid waste generation in accordance with the State requirements under AB 939. However, regional constraints on the availability of landfill capacity are such that the projected increase in solid waste generation is considered a regionally significant impact. . 2. Mitil!ation Measures 189541.1 \424\22897.000 I 05/06/97 13:59 A-21 . All proposals shall be reviewed on a project-by-project basis by the Lead Agency in conjunction with the Arroyo Grande Police Department officials to determine the need for specific project environmental impact analysis. No growth inducing Redevelopment Plan-related project shall be approved unless adequate police protection services can be provided. . In the event an analysis is deemed necessary, and said analysis shows evidence of significant negative impact to existing police services/facilities, appropriate mitigations shall be incorporated into the project(s) by the project proponent prior to project(s) approval. . All structures and properties involved in Redevelopment Plan-related rehabilitation/ development activities shall comply with the goals, objectives, policies and implementation actions for police protection, as outlined in the Arroyo Grande General Plan. 3. Findinl!s of Sil!niticance The Agency finds that implementation of the mitigation measures identified above will result in the reduction of any potential impacts which may occur to police protection as a result of the implementation of the Project to a level of insignificance. No significant impacts are anticipated. L. FIRE PROTECTION 1. Environmental Imnacts Future growth occurring within the proposed Project Area, facilitated by the Project's implementation, will ultimately impact the present level of fire protection services. The increased demand for services caused by commercial/industrial employment increases could necessitate future expansion of fire facilities and services. Similar to police protection, assuming an ideal ratio of 1.50 firefighters per 1,000 employees, implementation of the Project could ultimately generate the need for an additional 4 firefighters. However, future demand for additional fire department personnel is based upon Level of Service (LOS) and response times. If the Level of Service decreases (e.g., response times are 10 minutes instead of 4-5 minutes) then additional firefighters and facilities would be needed to achieve adequate response times; therefore, the impacts to fire protection as a result of Redevelopment Plan implementation are considered potentially significant. . Various circulation and infrastructural improvement projects proposed as part of the Project's long-term implementation will help to improve fire truck response times and general department . effectiveness. 2. Mitil!ation Measures . All growth inducing Projects shall be reviewed on a project-by-project 189541.1 \424\22897 .000 1 05/06!9713,59 A-23 o Total Square Footage of Development o Total Projected Employees Per Square Footage o Total Projected Employees Residing Within District (50%) o Number,of Homes Per Resident Employee (0.67 new homes per worker) . Number of Homes With No Impact on District (.50) . Average Students Per Household (0.418) It should be stressed that these factors will vary from district to district depending on the current employment and housing trends; therefore, the following analysis is used for estimating how General Plan build-out statistics (Table 1 of the Final EIR) will impact the affected District. As previously described in Table 1 of the Final EIR, General Plan build-out of the Project Area could increase industrial development by approximately 136,909 square feet, and increase existing commercial floor area by 1,447,694 square feet. Using the employment generation factors of 1,000 square feet per industrial employee and 600 square feet per commercial employee, it can be estimated that industrial employment will increase by 136 employees and commercial employment will increase by 2,413 people. . Using the District's factors listed above, approximately IO students could be generated as a result of Plan-related industrial developments over the life of the 3D-year Redevelopment Plan. There could be an increase of approximately 169 students due to the increase of commercial employment over the life of the 30-year Redevelopment Plan. Therefore, the estimated total student generation occurring as a result of employment opportunities is 179 students or an average of 6 students per year over the life of the Redevelopment Plan. It is not anticipated that significant Redevelopment Plan-related development projects will occur in the short-term future because adequate funding sources will not be available from the Agency to assist or promote development of those projects. However, based upon the established thresholds of significance and existing District conditions in which student enrollment has exceeded capacity, the impact of new employment generated students is considered significant. Project related growth is an impact related to the long-term implementation of the City's General Plan. As such, this growth should be viewed in conjunction with City-wide growth and the ability of the affected District to service a "build-out" condition permissible within the General Plan. However, all proposed Redevelopment Plan-related growth inducing projects should be evaluated, by District and Participating District! Agency officials working together, on a project-by-project basis to determine additional impacts to affected school facilities. The State of California indirectly reimburses school districts for tax revenues lost as a result of tax increment financing. This is caused by the average daily attendance formulas of the State, and the Serrano vs. Priest decision. Pursuant to State Assembly Bills AB2926 and AB1929, school districts inay levy fees up to $1.84 per square foot for new residential construction and $.32 per square foot for new commercial and industrial construction. These fees are made available to school districts for, among other things, the development of additional classroom space and the renovation of existing school facilities. 2. Miti!!ation Measures 189541.1 \424\22897 .0001 05/06/97 13:59 A-25 for park facilities in excess of those supplied by the project. . All Redevelopment Plan-related developments shall comply with the goals, objectives, policies and implementation measures, as outlined in the Parks & Recreation Element of the Arroyo Grande General Plan. While not conditions of Project approval the following recommendations shall be implemented where feasible to further reduce potential impacts to parks and recreation: . Programs should be established creating public-private partnerships for the financing of increased staff, equipment and/or supervision where park space is difficult to acquire. . Park development impact fees should be required as a condition of granting building permits for construction where the underlying property has been previously subdivided. 3. Findine:s of Sie:nificance The Agency' finds that the impacts to parks and recreation are insignificant or reduced to a level of insignificance by the implementation of the above mitigation measures. No unavoidable adverse impacts are anticipated. O. FLOODCONTROLIDRMNAGE 1. Environmental ImDacts Implementation of the proposed Redevelopment Plan, in accordance with the Arroyo Grande General Plan, would increase the amount of surface flow generated in the City. Increased surface flow could exacerbate flood conditions, and degrade water resources. The generation of storm water runoff is dependent upon the percent of impervious area; that is, the percentage oftotal study area covered by asphalt parking areas and building areas. Industrial and commercial areas are anticipated to have a coverage of impervious area of 80 to 90percent, while multi-family residential may vary in the range of 45 to 90 percent, and single:family residential from 10 to 55 percent, dependent upon lot size. In addition to exacerbating existing flood conditions, the elevated runoff could contain pollutants such as organic material, pesticides, and motor oil. Ultimate discharge of pollutants to natural resources, such as the Arroyo Grande Creek must be considered a potentially significant impact. Pollutants from Arroyo Grande could contaminate the ~ater used by downstream facilities, and could harm any aquatic life and riparian vegetation along the Arroyo Grande Creek channel. . Grading, excavation; and construction activities occurring with new development under the proposed Redeveloment Plan have the potential to increase erosion of soil and deposition of particles in drainage ways. During future Redevelopment Plan-related construction, runoff from disturbed areas would likely contain silt and debris, resulting in short-term increases in the sediment load of the drainage systems serving the City. This re-deposition of eroded material could create turbidity (endangering aquatic life), reduce wildlife habitat, and reduce the water-carrying' capacity of the streams 189541.11424\22897.0001 05/06/9713,59 A-27 programs. 189541.1\424\22897.0001 05/06/9713:59 2. Mitil!ation Measures . All Project-related developments shall be evaluated on a project-by-project basis by Agency staff working with City staff and utility officials to determine their impact on gas and electric resources, infrastructure and facilities. No project shall be approved unless there are adequate gas and electric resources, infrastructure and facilities to serve the proposed Project. . To further insure the insignificance of Project related impacts upon proposed Project Area utility purveyors and to insure that energy conservation is practiced within the proposed Project Area, the Agency shall consider the following measures: Electrical Service . Developers in the proposed Project Area shall coordinate with PG&E regarding the location and phasing of required on-site electrical facilities. . Proposed building construction shall comply with Title 24 of the California Administrative Code. . On-site electrical lines shall be installed underground. . Project planners and architects shall consult with PG&E regarding current energy conservation techniques, . Project planners and architects shall also consider the use of energy-efficient architecture and landscape design concepts which will work to reduce the-long-term demands for fossil fuels. Such measures shall include the following: a. Architectural planning and design, to the extent feasible, shall take full advantage of such concepts as natural heating and/or cooling through sun and wind exposure and solar energy collection system opportunities when practical; and, b. Landscape design shall be tailored, where feasible, to use the requirements of individual structures, with the intent to minimize heat gain in summer, maximize heat gain in . winter, and promote air circulation for heating and cooling purposes. A-29 out condition of the areas immediately adjacent to the Arroyo Grande Creek, within the Project Area, impacts in the creek,area are expected to be insignificant. Vacant land along W. Branch Street west of the Village area could contain unidentified. archaeological resources which may be impacted by the implementation of the Project. Thus, the degree of impact to unknown archaeological resources cannot be adequately determined as this time. Future assessment of impacts upon potential Project Area cultural resources should be evaluated at a future time, on a project-by-project basis, after project specifics such as location and type of development are known. 2. Mitil!ation Measures . In the event presently unknown archaeological resources are discovered durip.g development of specific projects, work shall be terminated until such time that a certified archaeologist can investigate the findings. In such a case, the investigating archaeologist shall determine appropriate future actions thai must be taken prior to continuation of all affected project(s). . The existing condition of any historic structures that are approved for demolition, removal from existing site and/or modification shall be documented with photographs and written descriptions prior to commencement of the approved action. . All Redevelopment Plan-related structures and properties involved in rehabilitation/development activities shall comply with established historic and cultural resource goals, objectives, policies and implementation actions as outlined in the Open Space and Conservation Element of the Arroyo Grande GeneralPlan. 3. Findinl!s of Sil!nificance The Agency finds that implementation of the mitigation measures identified above will result in the reduction of any potential impacts to cultural resources. No significant impacts are anticipated. II. FINDINGS CONCERNING THE PROJECT ALTERNATIVES A. INFEASIBILITY OF THE NO PROJECT ALTERNATIVE The No Project Alternative would require that, 1) the redevelopment action initiated by the Agency, and 2) the long-term growth, as outlined in the City's General Plan for the Project Area, be terminated. Without redevelopment authority and financial mechanisms, the adverse conditions in the Project Area could in fact increase, thereby, further contributing to a continuing decline of the Project Area specifically, as well as negatively affecting physical and economic conditions in surrounding areas. 189541.1 \424122897.000 1 05/06f9713:59 A-31 policies which mitigate against inclusion of other areas; neither are they needed to effectuate successful redevelopment of the Project Area as proposed. The exclusion of other portions of the City is appropriate at this time in that the conditions predominating in these areas do not presently represent areas of immediate need requiring Agency assistance. The areas of the City intentionally excluded from the boundaries of the Project Area as proposed represent, to a great degree, newer residential and commercial areas of the City, where infrastructure is less likely to require upgrading or replacement or where issues of land use compatibility , property neglect, obsolescence and economic disuse are not prevalent. Achievement of Agency goals would be less likely to occur if additional areas were added since the limited resources of the Agency could be expended on areas not presently in need of revitalization. The expenditure of resources on areas that have been reviewed and found to be presently inappropriate for inclusion in a redevelopment project area, would be environmentally unsound because monies and resources could be diverted to those areas that are not in need of significant rehabilitation to.the detriment of those that are. In the final analysis an extension of proposed Project Area boundaries is not environmentally superior to the Project as proposed because the environmental benefits of the proposed Project that would be realized as a consequence of the implementation of the select projects and programs included in Appendix A of the Final EIR, might not be fully implemented if this alternative were selected. An extension of Project Area boundaries as proposed is inappropriate because a larger Project Area would have greater environmental consequences (due to more intense development of a broader area) without providing social and economic benefits comparable to those of the Project, and is therefore not environmentally superior to the proposed Project. Deletion of Residential Propenies A reduction in the proposed Project Area' s size caused by the elimination of various developed or undeveloped assessed properties would diminish the Agency's ability to address conditions of deficiency and underutilization within the Project Area. As an example, the elimination of all residential parcels from within the boundaries of the Project Area would result in the exclusion of approximately 122 acres of developed land resulting in a reduced Project Area of approximately 626 acres. The reason for this alternative is to lessen the impacts on Project Area residents from environmental impacts such as short-term traffic, noise and air quality caused by construction of redevelopment related projects and long-term demographic impacts, by reducing the number of housing units that could be built or rehabilitated in the Project Area. An alternative project area of reduced size would, for an indeterminable period of time, prevent or minimize many of the potential side effects that could be generated from implementation of the select redevelopment projects and programs included in Appendix A of the Final EIR, such as incremental traffic and noise increases, increased air contaminants, public safety liabilities, and increased water consumption and wastewater generation. However, the Project Area was selected based upon existing conditions of deficiency and the need for redevelopment to mitigate those conditions. In addition, the Project is proposed as a way to assist the Agency and the City in furthering the achievement of goals and objectives as defined within the General Plan. A reduction in the Project Area's size brought about by the elimination of various developed 189541.1\424\22897.0001 05/06/97 13:59 A-33 Redevelopment Activities alternative would be greater than those occurring as a result of the proposed Project's implementation. Such restrictions or limitations would result in commensurate reductions in the Agency's ability to undertake the redevelopment program as contemplated by the Agency including: I) reductions in public improvements and facilities provided, 2) a restricted ability to eliminate conditions of deficiency, 3) a reduced ability to implement the goals and, objectives of the General Plan, and to eliminate existing environmental deficiencies and problems occurring within the Project Area. One specific alternative to the Project as proposed would limit redevelopment activity and prevent monies from being spent on public infrastructural improvements. In particular, these projects are designed to improve existing water, sewage and street systems (see Appendix A of the Final Em). Limiting Agency assistance in providing needed public improvements would reduce the likelihood that such improvements would be provided. The impacts of this alternative would be that deficiencies now existing within these infrastructural systems would not be mitigated. Thence, the capacity of the systems to absorb growth would be very limited. Other redevelopment activities such as the financing of housing rehabilitation programs, would also be limited by the current capacity of existing infrastructure. The environmental benefits of no infrastructural improvements would be that short-term impacts from traffic disruption and construction noise would be eliminated. Growth in population and traffic volumes would also be limited. These limitations would decrease certain environmental impacts such as air pollution, energy and natural resource consumption in the short-term. However, assuming some growth will occur regardless of a redevelopment project, limiting infrastructural activity could be harmful to the environment. For instance, untimed traffic lights and deficient roadways and parking facilities may cause more congestion, safety hazards and pollution from idling traffic; inadequate storm drain facilities will increase erosion potential and threaten the safety of the general public. In the final analysis, the limited redevelopment activities alternative is not an environmentally superior alternative to the Project because the environmental benefits of the limited redevelopment activity, such as: 1) a decrease in short-term impacts from traffic disruption and construction noise and, 2) a decrease in long-term impacts on population and traffic volumes, are outweighed by the concomitant negative impacts that would result from limited redevelopment activity such as: 1) increased growth impacts on existing public facilities without upgrading those facilities and 2) the restrictions on the Agency's ability to mitigate current infrastructure deficiencies and undertake aesthetic improvements in the proposed Project Area. D. ALTERNATIVE INFEASIBILITY OF THE ALTERNATIVE FINANCING The proposed redevelopment program is made possible, in large part, by the ability of the Agency to collect tax increment revenues from the proposed Project Area and then use these revenues to fund improvements within the Project Area and within adjacent areas where funded improvements could be of benefit to the Project Area. An alternative to the Project would be to undertake a generally similar program relying upon alternative sources of revenue (Le. other than tax increment revenues). Selection of this alternative would supplant tax increment revenues with funds from a variety of programs and sources, no single one of which would be sufficient in amount or breadth of 189541.1 \424\22897.000 I 05/06/9713:59 A-35 Because one of the primary objectives of the Redevelopment Plan's long-term implementation is to finance street, water, flood control and sewer infrastructure improvements, an infrastructure financing district should be considered as an alternative to the Project. Established by Senate Bill 308 in 1990, the enabling legislation (Government Code Section 53395, et seo.) authorizes cities to establish infrastructure financing districts to purchase, construct, expand and improve infrastructure of "community-wide significance." Like the Project, an infrastructure financing district would be funded by property tax increment (although only from certain taxing agencies which consent to give up their increment) and would be able to issue bonds to finance infrastructure activities. However, a number of drawbacks make infrastructure financing districts of limited usefulness. First, the constitutionality of the districts is uncertain. The Legislative Counsel (attorney for the California Legislature) opined that the enabling legislation is unconstitutional because it authorizes tax increment financing without requiring blight, and because an infrastructure financing district is not a "district" entitled to allocation of property taxes. Second, the requirement that taxing agencies must consent by resolution to donate their tax increment to the district severely limits the funds which can be obtained, particularly in comparison to the tax increment funds which would be generated by the Project as proposed. In addition, school districts and county boards of education are not even authorized to consent to give up their tax increment. Third, the legislative intent of Section 53395 is that infrastructure financing districts be used only in "substantially undeveloped areas." Only very limited portions of the Project Area qualify as such. Fourth, the creation of an infrastructure financing district and its issuance of bonds must be approved by a two-thirds vote of all owners of property within the district. The financing alternative would be environmentally inferior to the proposed Redevelopment Project because there are currently no other sufficient financing vehicles available to the City which would provide for the elimination of existing deficiencies in the Project Area, as well as reduce the risk of increased negative environmental impacts caused by incremental and sporadic development and growth which could occur in the area without redevelopment. Moreover, there is no assurance that the alternative financing vehicles which are presently available will remain available over the projected 30-year effective life of the Redevelopment Plan. Finally, tax increment revenues may be used for some mitigation activities for which there are simply no alternative financial resources available or expected to become available in the foreseeable future. Mitigation measures which could be financed with tax increment revenues include those special professional studies and activities in addition to City staff participation which are recommended to be activated should development activities sponsored by the Agency require such activation. Consequently, there is a higher probability that under this scenario, existing deficiencies would continue. In the final analysis, the financing alternative is not environmentally superior to the proposed Project because the environmental benefits that could be realized from the Project outweigh possible long and short-term negative impacts. Furthermore, without redevelopment . funds some of the select projects and programs outlined in Appendix A of the Final EIR could not occur; therefore, existing deficiencies including inadequate roadways and parking facilities, and deficient storm drains will continue to negatively impact the Project Area and other parts of the City. 189541.1 \424\22897.0001 05/06/97 13:59 A-37 EXIllBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS Based on infolmation set forth in the Final EIR and the Findings of Fact (Exhibit " A "), the Agency finds that the adverse environmental impacts related to air quality are significant environmental impacts which cannot be entirely mitigated or avoided if the Project is implemented. However, these unavoidable significant effects of the Project are overridden by the benefits of the Project and the considerations described below. Therefore, the Agency hereby approves and adopts this Statement of Overriding Considerations. 1. The Project will remedy, remove and prevent physical and economic blighting influences which are present in the Project Area. 2. Encourage employment opportunities through environmental and economic improvements resulting from the redevelopment activities. 3. Provide for the rehabilitation of commercial structures and residential dwelling units. 4. Provide for participation in the redevelopment of property in the Redevelopment Project Area by owners who agree to so participate in conformity with the Redevelopment Plan. 5. Provide relocation assistance where Agency activities result in displacement. 6. Provide public infrastructure improvements and community facilities, such as the installation, construction and/or reconstruction of streets, utilities, public buildings, facilities, structures, street lighting, landscaping and other improvements which are necessary for the effective redevelopment of the Project Area. 7. Increase, improve and preserve the community's supply of affordable housing. 8. Encourage the redevelopment of the Project Area through the cooperation of private enterprise and public agencies. 189541.1\424\22897.0001 05/06/9713:59 B-1